Decriminalization of Cannabis in India by Naresh Gupta

About the Author: Naresh Gupta is a IIIrd year Law Student at Symbiosis Law School, Pune

ABSTRACT

We live in a country where government owned shops in holy cities like Varanasi sell cannabis in the form of bhang. This essay seeks to cover various dimensions of this topic from the medicinal and religious use of cannabis in Ancient India to its widespread use under the British raj and present situation under the Narcotic Drugs and Psychotropic Substances Act which forced drug dealers to switch from selling ganja to selling smack and other hard drugs. It further seeks to give an elaborate perspective by taking into consideration views of Indian Government officials from Narcotics Control Bureau and AIIMS and Government Reports from various other countries including the Indian Hemp Drugs Commision Report.

The authors have focussed on the scientific aspect and chemical theory of Cannabis taken from various medical journals which shows that THC has mild to moderate analgesic effects and its use is much less dangerous than tobacco, prescription drugs, and alcohol in social harms, physical harm, and addiction. The authors have also focussed on evidence and data collected by various governmental and non-governmental organisations indicating positive effects of decriminalisation of cannabis.

Further the essay suggests decriminalization of cultivation, possession, trade and consumption of drugs made from Cannabis Plant in small quantities using the Portuguesemodel which comprises of necessary preventive and educational activities where drug users identified by law enforcement agencies will be referred to the Drug Addiction Review Judge. It promotes the fundamental notion of “fighting the disease, not the patients”

INTRODUCTION

“In strict medical terms marijuana is far safer than many foods we commonly consume. For example, eating 10 raw potatoes can result in a toxic response. By comparison, it is physically impossible to eat enough marijuana to induce death. Marijuana in its natural form is one of the safest therapeutically active substances known to man. By any measure of rational analysis marijuana can be safely used within the supervised routine of medical care.”[1]

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